Requesting Child Support and Alimony

Divorce Law Lawyer

Married couples who have chosen divorce may find that the process can be much more complicated than they originally thought. Disentangling financials, reaching agreements and resolving your divorce can be a trying process for all involved. For some families, one parent may stay home and care for children while the other works full time to financially support the family. When divorcing, the party who has stayed at home to care for children may require both alimony and child support, especially if they have retained physical custody of the children. Working with a lawyer can help to not only answer the number of questions you have but move forward with the process of negotiating child support and requesting alimony payments. 

Can I request both child support and alimony simultaneously?

You may be wondering if it’s possible to request alimony if you are also in need of child support. It’s a common misconception that alimony and child support automatically cancel each other out. This is far from true. It’s important that you keep in mind that child support and alimony are different things that serve two different purposes. In some cases, you may even find that the person in need of alimony and child support may not be the same person. It’s possible for the person with physical custody, receiving child support may be paying alimony to the other parent. Child support is intended to meet the needs of the child. This may include: food, shelter, education, medical expenses and more. Alimony is for the spouse and is intended to help them maintain their lifestyle post divorce. The length of time a person may receive alimony payments can vary. For some, it may only be ordered temporarily while in other situations it may be received on a permanent basis. 

If I have small children that I care for at home, will I be able to continue caring for them in the home with the help of alimony?

Again, it’s important to remember that alimony and child support serve different purposes. While child support will support the children, alimony will support you. Making the decision to remain a stay at home parent will depend on your financial situation. If you are receiving alimony on a permanent basis, staying at home with your children may be an option for you. If you are receiving temporary alimony, payments will ultimately come to an end. Much of the time alimony provides a person the opportunity at financial stability while they work to return to the workforce. 

How long will it take to obtain child support and alimony payments?

If you are caring for your children and are in need of financial support for both you and your children, you will be looking for payment as soon as possible. Alimony will need to be requested and granted by a judge. However, it can take up to a few months before your request is approved. Temporary child support is granted while the divorce is pending. In both situations, it’s possible to obtain payments for both before the divorce has been finalized. 

How will a lawyer be able to help me?

Working with an experienced lawyer is essential when facing alimony and child support. It can be easy to find yourself feeling confused over the situation. Considering the two can easily become intertwined, a lawyer can be helpful in separating the two and assist you in protecting your interests. 

Divorce can take an emotional toll. Separating the life you shared with your ex can be difficult. For help with your divorce, including negotiating child support and requesting alimony, contact an experienced family lawyer, like from Scroggins Law Group, PLLC, near you today.